Shah Imran And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75146 of 2018 Arising Out of PS. Case No.-21 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ======================================================

1. Shah Imran, Son of Shah Mansoor, Resident of Village- Karor Dighali, Ward No.10, Mehru Chowk, Police Station- Palasi, District- Araria.

2. Md. Uzer Alam, Son of Mohiuddin, Resident of Village- Pipra Bijwar, Ward No.11, Police Station- Palasi, District- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

Petitioners seek bail in Excise Case No. 21 of 2018 Special Case No. 1247 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is of recovery of 216 Litres of foreign liquor from the vehicle driven by them. It has been submitted on behalf of the petitioners that the petitioners are Driver and Khalashi of the vehicle and were not aware about illicit liquor kept in the vehicle. Petitioners have got no criminal antecedent and are in custody since 13.10.2018.

Patna High Court Cr.Misc. No.75146 of 2018(2) dt.17-12-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge Excise, Araria, in connection Excise Case No. 21 of 2018, Special Case No. 1247 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(4) If the petitioners are found involved in similar nature of offence, after their release on bail, the trial court shall take steps to cancel their bail bond.

(S. Kumar, J) ranjan/- U